DC Circuit provides expansive view of who qualifies as news media in the digital age and when they deserve fee waivers under FOIA

Last week the D.C. Circuit released its opinion in Cause of Action v. FTC, a Freedom of Information Act case that will have far-reaching and beneficial implications for journalists and organizations seeking fee waivers and reductions when making records requests.

The Reporters Committee for Freedom of the Press, joined by eight other news media organizations, filed an amicus brief in support of the requester and participated in oral arguments before the court.

At issue in the case was the Federal Trade Commission’s determination that Cause of Action, a recently formed non-profit organization, did not qualify for either a fee waiver or a fee reduction as a member of the news media for its FOIA requests sent in the weeks and months after its creation.